Court opinions

Judgment against ex-state lawyer vacated in long-running puppy mill case

June 5, 2017
Olivia Covington
A former attorney in the Indiana Attorney General’s Office has been relieved of a $15,000 judgment against him for his role in the raid of an alleged puppy mill, the most recent decision in a long-running case stemming from the state’s seizure of roughly 240 dogs.
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High court limits seizure of assets from drug conspiracies

June 5, 2017
 Associated Press
The Supreme Court of the United States is limiting the government's ability to seize assets from people who are convicted of drug crimes but receive little of the illegal proceeds.
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Justices limit recovery in securities fraud cases

June 5, 2017
 Associated Press
The Supreme Court of the United States on Monday made it tougher for the government to recover ill-gotten gains from people convicted of securities fraud, ruling that such recoveries are subject to a five-year statute of limitations.
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Justices side with religious hospitals in pension dispute

June 5, 2017
 Associated Press
Religious hospitals don't have to comply with federal laws protecting pension plans, a unanimous U.S. Supreme Court ruled Monday in a case that affects retirement benefits for roughly a million workers nationwide.
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COA affirms denial of reinstatement petition for lack of good cause

May 31, 2017
Olivia Covington
A special trial court judge properly denied a Vigo County woman’s petition to reinstate her previously dismissed case, the Indiana Court of Appeals held Wednesday, finding the woman failed to establish good cause for reinstating her case.
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Appellate panel dismisses case already pending in another trial court

May 31, 2017
Olivia Covington
A Marion Superior court erred in denying a man’s motion to dismiss a transfer action against him after police seized nearly $50,000 in suspected drug money from him because an active case related to the transfer was already pending in another court, the Indiana Court of Appeals has ruled.
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Court affirms denial of PCR for drug offender

May 31, 2017
Olivia Covington
The Indiana Supreme Court has affirmed the denial of an Elkhart woman’s petition for post-conviction relief, finding her ineffective assistance of counsel argument cannot prevail under Indiana law.
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COA dismisses sex offender’s ‘premature’ appeal

May 31, 2017
Olivia Covington
A convicted sex offender who has not yet received treatment in a state-mandated Department of Correction program cannot move forward with his appeal of the dismissal of his complaints against the DOC and its contracted health services provider because the appeal is premature, the Indiana Court of Appeals held Wednesday.
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Judgment for law firm in malpractice case reversed

May 31, 2017
Dave Stafford
A law firm must face a malpractice suit for failing to file a tort claim notice on behalf of a woman who was seriously injured by an attacker and whose daughter was killed. The assailant was the subject of an active protective order that authorities failed to find before releasing him from jail.
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U.S. Supreme Court: selling product exhausts patent

May 31, 2017
Marilyn Odendahl
In a decision that Zimmer Biomet and other medical device manufacturers argued will change their industry, the Supreme Court of the United States ruled Tuesday that patent holders cannot keep their patent protections after they sell their products.
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Court affirms weapon, drug convictions after bar incident

May 30, 2017
Dave Stafford
A man’s arrest and conviction on gun and cocaine charges after an anonymous tipster called police and said a man was pointing a gun in an Anderson bar was affirmed Tuesday by the Indiana Court of Appeals.
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Failure to sign order sends dog dispute back to court

May 30, 2017
Marilyn Odendahl
Noting the plaintiff may want to let a sleeping dog lie, the Indiana Court of Appeals remanded a decision to the trial court, finding the judge had not signed the order awarding custody of a dog named Snickers.
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Appeals panel affirms termination of guardianship

May 30, 2017
Dave Stafford
The aunt and uncle of a 5-year-old who were appointed the child’s guardian after the child’s mother was charged with neglect failed to persuade the Indiana Court of Appeals that a trial court had erred in terminating their guardianship.
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Appeals court reinstates grant of petition to relocate easement

May 25, 2017
Olivia Covington
The Town of Ellettsville Plan Commission can move forward with its plan to grant a petition to move an easement after the Indiana Court of Appeals found Thursday the man who owns the easement did not prove the petition was unreasonable.
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COA affirms convictions in nursing home burglary scheme

May 25, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a man’s various felony theft and burglary convictions after finding there was sufficient evidence to prove he broke into the dwelling of nursing home residents and stole narcotics worth more than $3,000.
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Law firm entitled to $36k in unpaid legal fees, court rules, but not all it sought

May 24, 2017
Jennifer Nelson
A Vincennes firm scored a partial victory in the Indiana Court of Appeals on Wednesday after the court upheld the award of more than $36,000 in unpaid legal fees for guardianship and estate work. The appeals court remanded the case for reconsideration of other collection costs and prejudgment interest awarded.
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COA affirms denial of motion to suppress after prolonged traffic stop

May 22, 2017
Olivia Covington
An Indianapolis police officer did not violate a man’s federal and state constitutional rights when he intentionally prolonged a traffic stop which led to the discovery of paraphernalia in the man’s vehicle, the Indiana Court of Appeals ruled Monday. The appellate court found the officer had reasonable suspicion to prolong the stop.
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Man's companion entitled to compensation for services, COA rules

May 19, 2017
Olivia Covington
An Indiana probate court correctly allowed a woman’s partial claim for compensation for 14 years of household and medical services to a man she considered a “loving companion,” the Indiana Court of Appeals ruled Friday, finding the woman had rebutted the presumption her services were gratuitous.
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COA reverses forfeiture against drug offender

May 19, 2017
Olivia Covington
The state must return funds seized from a man convicted of possession of marijuana after the Indiana Court of Appeals found no proof linking the cash to any drug crimes.
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7th Circuit orders Lilly to reinstate ex-employee’s disability benefits

May 19, 2017
Olivia Covington
Eli Lilly and Co. must reinstate disability benefits to its former human resources director after a divided 7th Circuit Court of Appeals found insufficient evidence to support the company’s argument that the former director could still work despite her fibromyalgia symptoms.
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7th Circuit allows inmate’s due process claim to continue

May 11, 2017
Olivia Covington
The 7th Circuit Court of Appeals has reversed summary judgment against a federal inmate on his constitutional due process claims, finding that the reviews of his prolonged stay in solitary confinement may not pass constitutional muster.
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Relying on video evidence that contradicts trial court is not ‘reweighing,’ justices rule

May 11, 2017
Olivia Covington
An appellate court’s decision to rely on video evidence to reverse a trial court’s findings does not constitute impermissible reweighing of the evidence if the video indisputably contradicts the trial court, the Indiana Supreme Court held Thursday while simultaneously affirming a man’s resisting law enforcement and battery against a law enforcement animal convictions.
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Appeals court vacates multiple domestic violence convictions

May 11, 2017
Dave Stafford
Multiple domestic violence convictions against a man accused of repeatedly beating and choking his wife were vacated Thursday by the Indiana Court of Appeals, along with his adjudication as a habitual offender.
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COA affirms $2.13M award against trucking firm in crash

May 11, 2017
Dave Stafford
A Tippecanoe County jury’s award of $2.13 million in damages to a woman permanently injured in a crash that killed her fiancé was affirmed Thursday by the Indiana Court of Appeals.
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COA: Expert should have testified about personal medical practices

May 11, 2017
Marilyn Odendahl
In a case of first impression, the Indiana Court of Appeals ruled a patient in a medical malpractice case should have been able to cross-examine the medical expert about his personal medical practices.
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  2. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  3. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  4. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

  5. State's rights, civil rights and human rights are all in jeopardy with Trump in the WH and Sessions running Justice.

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